American Federation of Musicians for the United States and Canada, AFL-CIO v. Adams et al

Filing 20

DENIAL OF DEFAULT. Signed by Clerk of Court Keith Throckmorton on 11/30/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
American Federation of Musicians of the
United States and Canada, AFL-CIO
Plaintiff,
v.
Jimmy L. Adams d/b/a J.A.M., LLC;
and Jimmy Adams Media, LLC,
Defendants

)
)
) Case No. 3:12-cv-0969
)
) Judge Campbell
) Magistrate Judge Griffin
)
)
)
)
)

DENIAL OF DEFAULT
Pending is Plaintiff’s Application for Entry of Judgment by Default Pursuant to FRCP
55(b)(2)(Docket Entry No. 19). The Clerk will construe this as a request to enter default pursuant to
Federal Rule of Civil Procedure 55(a). The grant of a default judgment is a two part process and no
default judgment may be granted pursuant to FRCP 55(b) until default has been entered pursuant to
FRCP 55(a). U.S. v. $22,050.00 U.S. Currency, 2008 WL 4093066 at page 3 (M.D. Tenn. Aug. 26,
2008); Ramada Franchise Systems, Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
Ohio 2004).
Plaintiff’s motion is denied as the Court has before it a pending motion for extension of time
filed by Defendants (Docket Entry No. 17). Plaintiff has filed objections to that motion (Docket
Entry No. 18). The Clerk will not enter default until the Court has ruled upon that motion. Plaintiff
may refile its motion for default should the Court deny the extension.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court